Liability for fraud Clause Examples

Liability for fraud. Buyer and F&S acknowledge that the Laws of many states (including Section 1542 of the California Civil Code) provide substantially the following: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Xxxxx and F&S acknowledge that such provisions are designed to protect a Party from waiving claims which it does not know exist or may exist. Nonetheless, Xxxxx and F&S agree that, effective as of the Closing Date, Xxxxx and F&S shall be deemed to waive any such provision. Xxxxx and F&S further agree that Xxxxx and F&S shall not, nor permit any Affiliate thereof to, (A) institute a lawsuit or other legal Proceeding based upon, arising out of, or relating to any of the released claims, (B) participate, assist, or cooperate in any such Proceeding or (C) encourage, assist and/or solicit any Third Party to institute any such Proceeding. The provisions of this Section 6.12(a) are intended to be for the benefit of, and shall be enforceable by, each Seller Releasee and each such Person’s heirs, legatees, representatives, successors and assigns, it being expressly agreed that each such Person is an express third-party beneficiary of, is intended to benefit from, and may enforce its rights under this Section 6.12(a).

Liability for fraud. Manager agrees that it shall be responsible for and liable to Xxxxxx Bank for all expenses associated with and any losses attributable to Program Fraud, unless such expenses and losses were proximately caused by the negligence or willful misconduct of Xxxxxx Bank. Manager shall reimburse Xxxxxx Bank for any losses and expenses associated with Program Fraud within [***] of receiving written notice by Xxxxxx Bank of such Program Fraud. (O) Program Audits and Examination Cooperation.

Liability for fraud. Nothing in this clause 19 shall limit or exclude any liability for fraud.

Liability for fraud. Manager agrees that it shall be responsible for and liable to Xxxxxx Bank for all commercially reasonable expenses associated with and any losses attributable to Program Fraud, unless such expenses and losses were proximately caused by the negligence or willful misconduct of Xxxxxx Bank. Manager shall reimburse Xxxxxx Bank for any such losses and expenses associated with Program Fraud within 24 hours of receivingwritten notice by Xxxxxx Bank of such Program Fraud Following Manager’s exhaustion of operational and legal recourse in recovering such amounts attributable to the Program Fraud (e.g. chargeback process, etc.) any expenses and losses which were determined in a commercially reasonable manner to be proximately caused by the negligence or willful misconduct of Xxxxxx Bank shall be reiumbursed to Manager within a reasonable time frame after receipt of written notice of same

Liability for fraud. Company agrees that it shall be responsible for and liable to Bank for all expenses associated with and any losses attributable to Program Fraud, unless such expenses and losses were caused by the gross negligence or willful misconduct of Bank or Bank’s intentional violation of Applicable Law, provided that any such violation of Applicable Law by Bank is not a result of Company’s violation of its obligations under the Program. Company shall reimburse Bank for any losses and expenses associated with Program Fraud within 24 hours of receiving written notice by Bank of such Program Fraud.

Liability for fraud. In the event of intentional or fraudulent misrepresentations of either of the Members, liability will not be joint and several but will be limited to the guilty party.

Liability for fraud. A party who is fraudulent in respect of its obligations to the other party under this haulage contract is liable to the other party for, and indemnifies the other party against, any direct damage or indirect damage caused by or arising out of the fraud.

Liability for fraud. The User and/or the Customer is solely responsible for any losses they incur due to lost or stolen payment credentials or accounts used for fraudulent Transactions, including any associated disputes. toyyibPay may provide assistance in recovering lost funds, but the User and/or the Customer acknowledges that toyyibPay is not liable or responsible for any losses resulting from the use of lost or stolen credentials or unauthorized account access, unless such losses are caused by wilful of toyyibPay or intentional actions and waives any right to bring a claim against toyyibPay for such losses.

Liability for fraud. Nothing in this Clause 9.13 excludes or limits any liability for fraud.